With only one percent of the vote in, Fox News Channel has projected Hillary Clinton as the winner of the Pennsylvania primary.
At the moment, Mrs. Clinton has 65 percent of the vote to 35 percent for Barack Obama.
Tuesday, April 22, 2008
Harris claims victory in debate that never took place
It's not exactly the kind of victory to write home to Mom about, but Democratic Attorney General candidate Jeff Harris is claiming victory in the first debate...after the debate was canceled because of scheduling conflicts for competitors Margaret Donnelly and Chris Koster. A news release issued by the Harris campaign earlier today read:
Chalk up one victory for Representative Jeff Harris in the Democratic battle for Attorney General. Harris’ campaign declared victory in the first round of debates as his leading rivals forfeited the event citing scheduling conflicts. With both Donnelly and Koster yielding the field, Harris’ campaign declared victory in the debate. Whether that victory gets recorded as a 9-0 win like Major League Baseball or 2-0 as in the NFL, the debate tally should clearly reflect that Jeff Harris was the only candidate prepared to face the tough questions and the voters in Northeast Missouri.
Harris issued the following statement:
“All joking aside, the unfortunate losers in this are the Young Democrats and other students at Truman State who worked hard to put this event together, and I am truly disappointed for them. They demonstrated a commitment to democracy and public service that we, as candidates for public office, should honor.
“Senator Koster and Representative Donnelly’s decision to skip this debate is an example of why we have often seen a generation gap within the Democratic Party in historically in voting. I can’t help but wonder if this event had been hosted by the Missouri Bar Association or some other similar organization, that my opponents then would have made the time on their schedules to attend. Since this event was put on by the Young Democrats, they for some reason felt it was OK to snub them.
“By listening to the concerns of voters and talking to them, we can bring Missourians and Americans together behind a common cause. As candidates and elected officials we should respect all voters, whether they are eighteen or eighty, and we should always stand by our commitments when we make them.”
The decisions by Senator Chris Koster and Representative Margaret Donnelly skip the debate both came after their campaigns had confirmed that they would in fact attend the debate, which was to be held this Thursday at Truman State University in Kirksville. Invitations for the debate were sent more than a month ago.
CNN: Voting irregularities reported in Pennsylvania
CNN reports that the League of Women Voters, which is unaffiliated with either the Clinton or Obama campaigns, is reporting scores of irregularities in today's primaries, including precincts where every single voting machine malfunctioned.
Another report had normal Republicans who wanted to cross the line and vote in the primary, which is permitted in Pennsylvania, were being told to go home and not allowed to vote, instead of being allowed to cast provisional ballots. In previous elections, many voters who crossed parties were casting their ballots for Barack Obama.
Another report had normal Republicans who wanted to cross the line and vote in the primary, which is permitted in Pennsylvania, were being told to go home and not allowed to vote, instead of being allowed to cast provisional ballots. In previous elections, many voters who crossed parties were casting their ballots for Barack Obama.
Too close to call in Pennyslvania
The polls have closed in Pennsylvania and it is too close to call, according to MSNBC and CNN.
For some reason, the pundits have made it that much more difficult for Hillary Clinton to claim a victory in this race. Chris Matthews on MSNBC just said that anything less than a nine or 10 percent win for Mrs. Clinton is a loss.
If Obama had an overwhelming lead in delegates that might be true, but neither candidate can win the nomination with just elected delegates. Now if Obama happens to win Pennsylvania, that would really ratchet up the pressure on Mrs. Clinton to drop out of the race and rightfully so.
Anyone who believes the continued presence of Hillary Clinton in the race is going to damage the Democrats in November, is underestimating the effect the economy and the war in Iraq are going to have in the general election. The Democrats will be united in November no matter which candidate wins.
For some reason, the pundits have made it that much more difficult for Hillary Clinton to claim a victory in this race. Chris Matthews on MSNBC just said that anything less than a nine or 10 percent win for Mrs. Clinton is a loss.
If Obama had an overwhelming lead in delegates that might be true, but neither candidate can win the nomination with just elected delegates. Now if Obama happens to win Pennsylvania, that would really ratchet up the pressure on Mrs. Clinton to drop out of the race and rightfully so.
Anyone who believes the continued presence of Hillary Clinton in the race is going to damage the Democrats in November, is underestimating the effect the economy and the war in Iraq are going to have in the general election. The Democrats will be united in November no matter which candidate wins.
Public hearing scheduled for bill to remove contribution limits
The House Rules Committee will hold a public hearing today after morning recess on the house committee substitute for Sen. Charlie Shields' bill, which would remove all campaign contribution limits.
The following description of the bill is offered on the Senate website:
The final sentence in the description, of course, means that it is so important to remove the contribution limits that the bill will take effect immediately upon receiving the governor's signature bringing a whole new meaning to NCLB- No Contribution Left Behind.
The following description of the bill is offered on the Senate website:
This act repeals the campaign contribution limits for certain candidates running for office.
Individuals and committees required to file campaign disclosure reports shall electronically file contributions exceeding $5,000 within 48 hours of receiving the contribution.
Legislative and senatorial district committees shall retain only one address in the district in which it sits for the purpose of receiving contributions.
Out-of-state committees that make contributions in support of or against candidates or issues in elections shall report the names of its contributors even when the contributions originally made to the out-of-state committee were not made specifically to influence any particular election.
Current law imposes a penalty of twice the amount of the contribution or expenditure that is incorrectly reported up to $5,000. This amendment removes the $5,000 cap and imposes a penalty equal to the amount of the contribution for failing to file or filing incomplete reports.
This act contains an emergency clause.
The final sentence in the description, of course, means that it is so important to remove the contribution limits that the bill will take effect immediately upon receiving the governor's signature bringing a whole new meaning to NCLB- No Contribution Left Behind.
Rowan Ford's home subject of court hearing
In a sidebar to the horrific rape and murder of nine-year-old Rowan Ford of Stella, it appears the bank is moving to take possession of the last home she shared with her mother, Colleen Spears, and her stepfather (and accused killer) David Wesley Spears.
Newton County Circuit Court records show a 1:15 p.m. Wednesday, May 7, hearing is scheduled in the case of US Bank vs. Colleen Spears and David Spears as the bank seeks an unlawful detainer (eviction) of the Stella property.
Court records on case.net indicate proper procedures were followed in trying to serve papers on Colleen Munson (the court restored her maiden name following her divorce from David Spears) and Spears, but the papers were deemed "undeliverable."
A hint to those trying to find Spears. Last I heard, he was in the Barry County Jail, awaiting trial on charges of murder, forcible rape, and statutory rape.
Newton County Circuit Court records show a 1:15 p.m. Wednesday, May 7, hearing is scheduled in the case of US Bank vs. Colleen Spears and David Spears as the bank seeks an unlawful detainer (eviction) of the Stella property.
Court records on case.net indicate proper procedures were followed in trying to serve papers on Colleen Munson (the court restored her maiden name following her divorce from David Spears) and Spears, but the papers were deemed "undeliverable."
A hint to those trying to find Spears. Last I heard, he was in the Barry County Jail, awaiting trial on charges of murder, forcible rape, and statutory rape.
Moody's Investor Service downgrades GateHouse Media
More bad news for GateHouse Media.
The highly respected Moody's Investor Service has downgraded the company:
The article indicated further downgrades may be on the horizon.
GateHouse Media owns The Carthage Press, Neosho Daily News, Pittsburg Morning Sun, and Big Nickel, among other publications, in this area as well as hundreds of publications across the United States.
The highly respected Moody's Investor Service has downgraded the company:
Moody's Investors Service downgraded GateHouse Media (NYSE:GHS) Operating Inc. and signalled a further possible downgrade, saying the publisher's operating performance has fallen below the agency's expectations, as well as citing the company's very tight liquidity profile, its reliance upon asset sales to generate cash, its close proximity to financial covenants and continuing event risk.
The article indicated further downgrades may be on the horizon.
GateHouse Media owns The Carthage Press, Neosho Daily News, Pittsburg Morning Sun, and Big Nickel, among other publications, in this area as well as hundreds of publications across the United States.
Former Granby city marshal dead at 80
From late 1980 to February 1982, during my second go-round as editor of the Newton County News, the big story was the ongoing battle between the Granby City Council and City Marshal Duane Beaver.
In addition to the articles that I wrote almost weekly about the civil war within the city limits, I was lucky enough to have the services of gifted cartoonist Scott White, whose weekly "White's Spot," poked fun at all kinds of things, many of them related to city government.
On one particular occasion, after a particularly heated city council meeting in which Mr. Beaver and councilman Bill Burress hurled numerous verbal barbs at each other, I decided not to run a photo on page one, scrapping it in favor of a blown-up cartoon Scott did, featuring Mr. Beaver and Mr. Burress in a boxing ring. It proved to be a wise decision; I had to restock our machines several times that week as we beat our usual street sales total by more than 400 copies.
Duane "Dewey" Beaver, whose tenure as the elected city marshal of Granby, lasted more than two decades, died Monday at age 80.
Most of my memories of Dewey come from those two years when I was attending the Granby City Council meetings and watched the fireworks as the council hired deputies for Beaver, who answered to the council instead of the city marshal. At one point, Beaver, whose hefty size and bullfrog voice made him stand out in any crowd, had two deputies who also were considerably larger than the norm and he was at odds with both of them during the entire time they were on the force. Scott White drew a cartoon of the three of them at a city council meeting 20 years in the future when this battle was still continuing, according to Scott's version. Dewey was livid when he saw this cartoon and made a rare visit to the Newton County News office.
"I want to talk to you about that cartoon," he said. I figured this was going to be my first libel suit threat, but I was wrong. "Scott did all right on (the deputies), but that cartoon doesn't look a bit like me," he said. I assured him Scott would do a better job in the future and he was satisfied with that.
Duane Beaver was a legend with the young people in the community during the 1970s and 1980s. I can remember many times when he would pull the cruiser behind the bleachers at the ballpark and either sit there and talk with the teens or get out of the car and watch some of the ballgame.
I can also remember many times at Reta's during my junior and senior years in high school and immediately thereafter when my friends and I enjoyed two of our favoriate pastimes- looking at the high school-age waitresses (and somehow Reta's always had the cream of the crop) and listening to Dewey Beaver's long and ceaselessly entertaining stories.
Apparently, Dewey's appeal was not limited to the young people. Granby voters rejected one attempt after another to turn city marshal from an elected position to an appointed one and kept returning Dewey to office. The position did not become an appointed one until after his retirement.
And of course, those who were around Granby during those times will recall that Dewey loved to stop at The White Spot (not to be confused with Scott White's weekly cartoons, which were just a play on that establishment's name) and play dominoes for hours. He spent so much time there that, at one point, a jokester placed a sign by the alley that read "Beaver Avenue."
A few years later, even Granby's city council came to realize the appeal of their oversized city marshal and made the name official. It brings back many fond memories of Dewey Beaver.
He was one of a kind.
In addition to the articles that I wrote almost weekly about the civil war within the city limits, I was lucky enough to have the services of gifted cartoonist Scott White, whose weekly "White's Spot," poked fun at all kinds of things, many of them related to city government.
On one particular occasion, after a particularly heated city council meeting in which Mr. Beaver and councilman Bill Burress hurled numerous verbal barbs at each other, I decided not to run a photo on page one, scrapping it in favor of a blown-up cartoon Scott did, featuring Mr. Beaver and Mr. Burress in a boxing ring. It proved to be a wise decision; I had to restock our machines several times that week as we beat our usual street sales total by more than 400 copies.
Duane "Dewey" Beaver, whose tenure as the elected city marshal of Granby, lasted more than two decades, died Monday at age 80.
Most of my memories of Dewey come from those two years when I was attending the Granby City Council meetings and watched the fireworks as the council hired deputies for Beaver, who answered to the council instead of the city marshal. At one point, Beaver, whose hefty size and bullfrog voice made him stand out in any crowd, had two deputies who also were considerably larger than the norm and he was at odds with both of them during the entire time they were on the force. Scott White drew a cartoon of the three of them at a city council meeting 20 years in the future when this battle was still continuing, according to Scott's version. Dewey was livid when he saw this cartoon and made a rare visit to the Newton County News office.
"I want to talk to you about that cartoon," he said. I figured this was going to be my first libel suit threat, but I was wrong. "Scott did all right on (the deputies), but that cartoon doesn't look a bit like me," he said. I assured him Scott would do a better job in the future and he was satisfied with that.
Duane Beaver was a legend with the young people in the community during the 1970s and 1980s. I can remember many times when he would pull the cruiser behind the bleachers at the ballpark and either sit there and talk with the teens or get out of the car and watch some of the ballgame.
I can also remember many times at Reta's during my junior and senior years in high school and immediately thereafter when my friends and I enjoyed two of our favoriate pastimes- looking at the high school-age waitresses (and somehow Reta's always had the cream of the crop) and listening to Dewey Beaver's long and ceaselessly entertaining stories.
Apparently, Dewey's appeal was not limited to the young people. Granby voters rejected one attempt after another to turn city marshal from an elected position to an appointed one and kept returning Dewey to office. The position did not become an appointed one until after his retirement.
And of course, those who were around Granby during those times will recall that Dewey loved to stop at The White Spot (not to be confused with Scott White's weekly cartoons, which were just a play on that establishment's name) and play dominoes for hours. He spent so much time there that, at one point, a jokester placed a sign by the alley that read "Beaver Avenue."
A few years later, even Granby's city council came to realize the appeal of their oversized city marshal and made the name official. It brings back many fond memories of Dewey Beaver.
He was one of a kind.
Profits down at Gannett
Add Gannett, the owner of the Springfield News-Leader, to the growing list of newspaper companies that have run into hard times.
In the first quarter report. Gannett showed a decline in revenue- the fifth straight time this has occurred:
In the first quarter report. Gannett showed a decline in revenue- the fifth straight time this has occurred:
Gannett Co. Inc. blamed a slowing economy for fewer advertisements in its newspapers and on its television stations as it announced Monday that revenue and profits declined in the first quarter of 2008.
Net income fell 8.9 percent to $191.8 million, or 84 cents per diluted share, from $210.6 million, or 88 cents per diluted share, in the year ago period. Revenue declined 8.4 percent to $1.68 billion for the first quarter compared to $1.83 billion during the same quarter last year.
Monday, April 21, 2008
It is past time to re-examine piano competition
I would be the last person to begrudge efforts to bring culture to this area, and in that respect the Missouri Southern International Piano Competition has been a resounding success.
That being said, it should be noted that the operation of this competition, which is held every two years, was questioned by state auditors in 2001. It is also the first time the competition has been held since the departure of former University President Dr. Julio Leon, whose wife has been the driving force behind the competition.
Even though this is the fourth competition to be held since that audit was issued (and university officials vociferously protested the basic findings of the audit that the competition was a private event and not a promotion of the university), it would still be a worthwhile idea for our local media to examine what changes, if any, university officials have made to bring the event into compliance with state law. (Again, it should be noted university officials strongly disagreed with the audit's findings.)
This is the section of that audit which addressed the piano competition:
4. Missouri Southern International Piano Competition
The college serves as the headquarters for the Missouri Southern International Piano
Competition (MSIPC). The MSIPC is a nonprofit organization whose director is the wife
of the College President. Its main purpose is to bring the citizens of the area a world class cultural event (the piano competition) every two years, which will promote the appreciation of fine music and bring recognition to the college, the City of Joplin, the region, and the state. Our review of the relationship between the MSIPC and the college revealed the following:
1. The college provides office space, utilities, accounting services, public
information services, and the use of two college auditoriums and other rooms in the music building to the MSIPC. The costs associated with these services are not tracked or billed to the MSIPC by the college. In addition, the college also provided a secretary and a student worker to the MSIPC. The college paid $22,437 and $24,029 for these salaries during the years ending June 30, 1999 and 1998.
2. The college bills the MSIPC monthly for telephone, postage, and overtime
janitorial service costs not recovered from the MSIPC ticket sale revenues collected by the college. The balance due from the MSIPC at April 17, 2000, was $1,603. No payments had been made by the MSIPC since November 17, 1999.
3. The College’s contract with their food service vendor provides for a $5,000 biennial cash contribution to the MSIPC, and the college’s Institute of International Studies (IIS) provided a $2,500 cash contribution to the MSIPC in March 2000.
4. The President was reimbursed $572 by the college in January 1999 for meals provided to a group attending the International Piano CompetitionÂ’s New York City Carnegie Hall performance. It does not appear necessary or reasonable to use college funds to cover operating expenses of a private organization, nor to provide donations or require the college’s food service vendor to provide a contribution to this organization. Furthermore, using public funds to pay expenses of a nonprofit organization violates Article III, Section 39 (1) of the Missouri Constitution. Because of the relationship between the MSIPC and the College President, any further contracts with this organization should be approved by the Board of Regents. It should also be noted that the college provides office space to the Missouri Southern Foundation and the Missouri Southern Alumni Association, both of which are legally organized nonprofit organizations.
WE RECOMMEND the MSSC comply with Article III, Section 39 (1) of the Missouri Constitution and refrain from donating or lending public funds to private organizations. In addition, the College should review costs incurred that relate to the operation of the MSIPC, and request full reimbursement for any costs not covered by ticket sale revenues. Also, any further contracts with MSIPC should be approved by the Board of Regents.
AUDITEE'S RESPONSE:
The Missouri Southern International Piano Competition was organized originally by the Music Department at Missouri Southern. It was felt that it fit extremely well into our mission, both from an academic standpoint and as our obligation to serve as the cultural center of the area. With the addition of the international component to our mission, it is even more important than originally envisioned. After the Music Department ran the first two competitions, it was apparent that the event had outgrown the Department’s ability to continue to run it as a stand-alone College program. As a result, a non-profit organization was formed to provide personnel to direct the competition and to raise private funds to cover direct expenses. Based on similar agreements with our Foundation and the Spiva Art Center, the College entered into an agreement with the MSIPC.
1. The agreement provides that the College will provide facilities, secretarial help and some services in return for the non-profit organization continuing to promote the competition as a College event. The MSIPC reimburses the College for all out-of-pocket expenses other than the contracted services.
2. There was no intent to link ticket sales to the costs of the College. It was envisioned that the College would incur some costs that would be more than offset by the promotion of the competition as a Missouri Southern event and the benefits derived by our students and faculty who attend music performances and masters classes for free. Any balances are paid as the MSIPC brings in revenue on a biennial basis.
3. The College, as stated previously in Item 1, did not require the food service vendor to make a biennial contribution to the MSIPC. This was volunteered as part of an RFP response but was not part of the evaluation process when the vendor was selected. The Institute of International Studies did not make an actual cash contribution to the MSIPC. Although the receipt from the MSIPC was on a form which used the term “contribution,” in reality the monies were paid because the College shared the cost of a well-known international lecturer/performer to provide a free presentation to all Missouri Southern students and faculty as part of our lecture series.
4. The President was reimbursed for reasonable business and entertainment expenses directly benefiting the College by furnishing breakfast to a group of individuals who got up at 5:00 a.m. to help promote the College on the Today show.
The College respectfully disagrees that the agreement with the MSIPC violates Article III, Section 39(1) of the Missouri Constitution. That section talks about extending credit of the State to benefit other corporations. We do not extend credit to the MSIPC. We have an agreement which exchanges facilities and services for services rendered (promotion of the College, cultural and educational benefits to our students, and furtherance of its cultural and international mission).
The College will comply with Article III, Section 39(1) of the Missouri Constitution as interpreted by the College Attorney. Our College Attorney advises that Article III, Section 39(1) has been interpreted to permit leasing of stadium facilities because the primary purpose was to increase convention and sports activity just as the primary purpose here is to increase cultural and international knowledge and participation. Any further contracts with MSIPC will be approved by the Board of Regents.
AUDITOR'S COMMENT
The primary purpose of the College's financial support of the MSIPC is not for the promotion of MSSC. In fact, the only promotion of MSSC that we noted in the MSIPC literature was that the event would be held on the MSSC campus. The discussion in the court case referred to by the College's Attorney indicates that if the primary object of a public expenditure is not to subserve (or carry out) a public purpose, but to promote some private end (the MSIPC), the expense is illegal, even though it may incidentally serve some public purpose. Furthermore, we have noted numerous Attorney General Opinions that have addressed the issue of whether public entities can grant or give money to private entities. Specifically these opinions have said that a county is not authorized to grant money without restriction to a private entity, a county could not grant money to a not-for-profit corporation whose purpose was the promotion of the orderly growth and welfare of a city, and a city could not allow a private entity to use space rent free in a municipally owned building.
That being said, it should be noted that the operation of this competition, which is held every two years, was questioned by state auditors in 2001. It is also the first time the competition has been held since the departure of former University President Dr. Julio Leon, whose wife has been the driving force behind the competition.
Even though this is the fourth competition to be held since that audit was issued (and university officials vociferously protested the basic findings of the audit that the competition was a private event and not a promotion of the university), it would still be a worthwhile idea for our local media to examine what changes, if any, university officials have made to bring the event into compliance with state law. (Again, it should be noted university officials strongly disagreed with the audit's findings.)
This is the section of that audit which addressed the piano competition:
4. Missouri Southern International Piano Competition
The college serves as the headquarters for the Missouri Southern International Piano
Competition (MSIPC). The MSIPC is a nonprofit organization whose director is the wife
of the College President. Its main purpose is to bring the citizens of the area a world class cultural event (the piano competition) every two years, which will promote the appreciation of fine music and bring recognition to the college, the City of Joplin, the region, and the state. Our review of the relationship between the MSIPC and the college revealed the following:
1. The college provides office space, utilities, accounting services, public
information services, and the use of two college auditoriums and other rooms in the music building to the MSIPC. The costs associated with these services are not tracked or billed to the MSIPC by the college. In addition, the college also provided a secretary and a student worker to the MSIPC. The college paid $22,437 and $24,029 for these salaries during the years ending June 30, 1999 and 1998.
2. The college bills the MSIPC monthly for telephone, postage, and overtime
janitorial service costs not recovered from the MSIPC ticket sale revenues collected by the college. The balance due from the MSIPC at April 17, 2000, was $1,603. No payments had been made by the MSIPC since November 17, 1999.
3. The College’s contract with their food service vendor provides for a $5,000 biennial cash contribution to the MSIPC, and the college’s Institute of International Studies (IIS) provided a $2,500 cash contribution to the MSIPC in March 2000.
4. The President was reimbursed $572 by the college in January 1999 for meals provided to a group attending the International Piano CompetitionÂ’s New York City Carnegie Hall performance. It does not appear necessary or reasonable to use college funds to cover operating expenses of a private organization, nor to provide donations or require the college’s food service vendor to provide a contribution to this organization. Furthermore, using public funds to pay expenses of a nonprofit organization violates Article III, Section 39 (1) of the Missouri Constitution. Because of the relationship between the MSIPC and the College President, any further contracts with this organization should be approved by the Board of Regents. It should also be noted that the college provides office space to the Missouri Southern Foundation and the Missouri Southern Alumni Association, both of which are legally organized nonprofit organizations.
WE RECOMMEND the MSSC comply with Article III, Section 39 (1) of the Missouri Constitution and refrain from donating or lending public funds to private organizations. In addition, the College should review costs incurred that relate to the operation of the MSIPC, and request full reimbursement for any costs not covered by ticket sale revenues. Also, any further contracts with MSIPC should be approved by the Board of Regents.
AUDITEE'S RESPONSE:
The Missouri Southern International Piano Competition was organized originally by the Music Department at Missouri Southern. It was felt that it fit extremely well into our mission, both from an academic standpoint and as our obligation to serve as the cultural center of the area. With the addition of the international component to our mission, it is even more important than originally envisioned. After the Music Department ran the first two competitions, it was apparent that the event had outgrown the Department’s ability to continue to run it as a stand-alone College program. As a result, a non-profit organization was formed to provide personnel to direct the competition and to raise private funds to cover direct expenses. Based on similar agreements with our Foundation and the Spiva Art Center, the College entered into an agreement with the MSIPC.
1. The agreement provides that the College will provide facilities, secretarial help and some services in return for the non-profit organization continuing to promote the competition as a College event. The MSIPC reimburses the College for all out-of-pocket expenses other than the contracted services.
2. There was no intent to link ticket sales to the costs of the College. It was envisioned that the College would incur some costs that would be more than offset by the promotion of the competition as a Missouri Southern event and the benefits derived by our students and faculty who attend music performances and masters classes for free. Any balances are paid as the MSIPC brings in revenue on a biennial basis.
3. The College, as stated previously in Item 1, did not require the food service vendor to make a biennial contribution to the MSIPC. This was volunteered as part of an RFP response but was not part of the evaluation process when the vendor was selected. The Institute of International Studies did not make an actual cash contribution to the MSIPC. Although the receipt from the MSIPC was on a form which used the term “contribution,” in reality the monies were paid because the College shared the cost of a well-known international lecturer/performer to provide a free presentation to all Missouri Southern students and faculty as part of our lecture series.
4. The President was reimbursed for reasonable business and entertainment expenses directly benefiting the College by furnishing breakfast to a group of individuals who got up at 5:00 a.m. to help promote the College on the Today show.
The College respectfully disagrees that the agreement with the MSIPC violates Article III, Section 39(1) of the Missouri Constitution. That section talks about extending credit of the State to benefit other corporations. We do not extend credit to the MSIPC. We have an agreement which exchanges facilities and services for services rendered (promotion of the College, cultural and educational benefits to our students, and furtherance of its cultural and international mission).
The College will comply with Article III, Section 39(1) of the Missouri Constitution as interpreted by the College Attorney. Our College Attorney advises that Article III, Section 39(1) has been interpreted to permit leasing of stadium facilities because the primary purpose was to increase convention and sports activity just as the primary purpose here is to increase cultural and international knowledge and participation. Any further contracts with MSIPC will be approved by the Board of Regents.
AUDITOR'S COMMENT
The primary purpose of the College's financial support of the MSIPC is not for the promotion of MSSC. In fact, the only promotion of MSSC that we noted in the MSIPC literature was that the event would be held on the MSSC campus. The discussion in the court case referred to by the College's Attorney indicates that if the primary object of a public expenditure is not to subserve (or carry out) a public purpose, but to promote some private end (the MSIPC), the expense is illegal, even though it may incidentally serve some public purpose. Furthermore, we have noted numerous Attorney General Opinions that have addressed the issue of whether public entities can grant or give money to private entities. Specifically these opinions have said that a county is not authorized to grant money without restriction to a private entity, a county could not grant money to a not-for-profit corporation whose purpose was the promotion of the orderly growth and welfare of a city, and a city could not allow a private entity to use space rent free in a municipally owned building.
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